ESA and pension

FrankR

They cannot reduce my ESA because of the £21,000 - I no longer have it, and haven't had it since February 2015. ( I did not have the sum at the time I made the claim in July 2015).

They may reduce my ESA due to his pension I now receive.

If they do, then I would like to know by how much?

Surely they would reduce my ESA by the amount of pension I receive every week?

FrankR

Also, I will be going to University in September 2016, will I be able to claim PIP and ESA while enrolled on a full time course?

At the moment, I live with my parents. Therefore, I do not qualify for the enhanced/severe disability premium.

As I'll be living by myself in University accommodation, will I be able to claim the severe/enchanced disability ESA premium? (I cannot receive the disability premium because I do not live by myself).

Kind Regards.

pmlindyloo

First of all your father's pension.

According to this link:

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/473430/admv1.pdf

Scroll down to V1127

this is known as a survivors pension and should be disregarded in full for income related ESA (hope I've read it correctly)

As regards attending university you should still be able to claim ESA as you are receiving PIP.

However, some parts of a student loan will be taken as income for ESA purposes.

As regards the SDP this will depend on what kind of accommodation you have.

Just keep the DWP informed about everything.

Your university welfare department would also be a useful place to contact to help you with your finances.

http://www.disabilityrightsuk.org/how-we-can-help/individuals/education/frequently-asked-questions-students

xylophone

this is known as a survivors pension

LGPS seems to differentiate between a "survivor's pension" ( one payable to a widow/widower/surviving civil partner) and a pension for a dependent child.

https://www.peninsulapensions.org.uk/lgps-member/receiving-a-pension/survivors-benefits/

FrankR

Thank you ever so much for this excellent information!

I do hope you are right about it being a survivors pension.

In the letter ESA posted to me, I was asked to provide more information about the pension. I will print off regulation V1127 and attach it alongside the form as further evidence.

Thanks.

xylophone

survivors pension.

See my link above - this may not be a survivor's pension - what you seem to have had is the death grant ( because your father nominated you to receive it - were he and your mother divorced?) and a child pension on grounds of dependency/disability?

CuriousCactus

Thanks for your reply. I looked into it and found the Employment and Support Allowance Regulations 2013 regulation 68;

"The following payments are to be treated as not being payments to which section 3 of the Act applies—
(a)any pension payment made to a claimant as a beneficiary on the death of a member of any pension scheme;"

I can't tell if this applies to income based or not though. Thanks for your help

FrankR

I'm not sure exactly what type of pension or grant it is. I'll have to call Wolverhampton myself to find out more about it tomorrow.

However, what I do know is that my father would have received this 'pension' himself had he not died.

In order for me to receive the pension, I must be 23 and under and in full time education, OR be permanently disabled and claim disability living allowance.

I receive PIP, so I can claim this 'pension' or 'grant.

Because I need to meet these two conditions, does this mean that it is NOT a standard pension, and is therefore not a survivor's pension?

FrankR

I have a second question:

My mother and my father did NOT marry.

My father nominated me (his son) to have this pension should he die.

However, can I now nominate my mother to receive this pension, meaning that the pension would go from father - son - mother (unmarried) - I would want the pension to be in my mother's name, meaning that I 'sign it over to her'.

If this is possible, does this mean that my ESA would NOT be reduced as it otherwise would be were the pension to remain in my name?

Is this Fraud?

marliepanda

FrankR wrote: »

I have a second question:

My mother and my father did NOT marry.

My father nominated me (his son) to have this pension should he die.

However, can I now nominate my mother to receive this pension, meaning that the pension would go from father - son - mother (unmarried) - I would want the pension to be in my mother's name, meaning that I 'sign it over to her'.

If this is possible, does this mean that my ESA would NOT be reduced as it otherwise would be were the pension to remain in my name?

Is this Fraud?

You cannot start reattributing funds in order to gain more benefit. You will be treated as having that money.

I suggest you find out what type of pension it is and how it will affect your ESA before you start thinking up wild schemes which will not work.